Plan Text: THE UNITED STATES FEDERAL GOVERNMENT SHOULD AUTHORIZE THE USE OF THE SUBJECT MATTER OF PATENTS REGARDING TREATMENT FOR AND PREVENTION OF HUMAN IMMUNODEFICIENCY VIRUS/ACQUIRED IMMUNODEFICIENCY SYNDROME WITHOUT THE AUTHORIZATION OF THE RIGHT HOLDER, FOR USE IN AFRICA SOUTH OF THE SAHARA BY THE UNITED STATES GOVERNMENT OR THIRD PARTIES AUTHORIZED BY THE UNITED STATES GOVERNMENT.
Inherency
Access to antiretroviral drugs is restricted in Africa – nations haven’t legalized generics.
Thomas Mullin, J.D., Nova Southeastern University, Fall 2002, ILSA Journal of International & Comparative Law, lexis, Zhuang
“Tens of millions of Africans have HIV/AIDS, but only 10,000 to 15,000 can afford medicines…the new bill fully addressed the requirements under the agreement.”
AIDS
A. HIV/AIDS is the biggest threat to Africa - ARVs are key to solve.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang]
“African AIDS - The Epicenter of the Crisis
The statistics describing the HIV/AIDS epidemic are well known…resources to secure the provision of ARV drugs, but thus far little has come of this.”
B. Without urgent action AIDS threatens extinction.
Muchiri, 2000 [Michael Kibaara Staff Member at Ministry of Education in Nairobi, “Will Annan finally put out Africa’s fires?” Jakarta Post, March 6, LN] [Sekaran]
“The executive director of UNAIDS, Peter Piot, estimated that Africa would annually need between…is on the brink of extinction. Sure as death, Africa's time has run out, signaling the beginning of the end of the black race and maybe the human race.”
Neoliberalism
A. Blind adherence to intellectual property rights promotes marginal economic concerns that trupt the ability for people to live - this logic is inherent in the denial of ARVs and neocolonialist discourse.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang]
“ From the ground, it seems clear that we have not yet answered the simple question "Does the international community…and marginalization and not to intensify them”
B. Neoliberalism promotes a blind veneration for free market utopianism - this justifies a politicized economy where financial regulations are suppressed and public good and services are privatized.
“About 80% of developing countries … the promotion of global public goods seriously.”
C. Neo-liberalism legitimizes the destruction of all humanity - it sacrifices whole populations on the altar of market fundamentalism.
Boaventura de Sousa Santos, Professor of Sociology at the School of Economics, University of Coimbra, 03
(Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html)
“According to Franz Hinkelammert, the West has repeatedly…globalization with the globalization of war. The machine of democracy and liberty turns into a machine of horror and destruction.”
D. Distributing ARVS is key to confronting the pharmaceutical industry and neoliberalist dogma.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]
“About 80% of developing countries lack a functional pharmaceutical…with the promotion of global public goods n53 seriously.”
Solvency
A. US key - countries are afraid of US opposition if they issue compulsory licenses - South Africa and Brazil legitimize their fears.
Obijiofor Aginam, associate professor of law, Carleton University, Summer 2006, North Carolina Journal of International Law & Commercial Regulation, lexis, Zhuang
“TRIPS, which was one of the agreements annexed in…and their home governments led to the withdrawal of the law suit in South Africa, and the U.S. complaint against Brazil at the WTO”
B. Countries fear damaging trade relations if they issues compulsory licenses.
Samantha Shoell, J.D. candidate, Columbus School of Law, 2002, Minnesota Intellectual Property Review, lexis, Zhuang
“The developing countries' draft, similar to TRIPS…As described, developed countries have pressured developing countries to limit and prevent compulsory licensing.”
C. US action key – they control the rights to many important HIV/AIDS treatments
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss]
“Sixth, the U.S. should immediately license … to many important HIV/AIDS treatment pharmaceuticals”
D. Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this gaurantees the right to life.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]
“I propose three possible scenarios … within the United Nations system is well captured by Judge Weeramantry's dissenting opinion”
E. The state is key to solvency—it is the institution most sufficient and best positioned to negotiate with international capital and challenge the neo-liberalist paradigm.
William Graf, Professor of Geography at the University of South Carolina, ‘95
(http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf)
“It is important, finally, to recall that there is nothing immutable…, in a globalized world of states, must start from the state.”
F. The United States prioritizes civil and political over economic and social
rights - any challenge to neoliberalism must engage the U.S. priorities.
David Fidler, Professor of Law, Indiana University School of Law, Spring '4
(Harvard Human Rights Journal, 17, "Fighting the Axis of Illness")
"In its National Security Strategy,... ...microbial resilience, human mobility,
and globalization."
G. Compulsory licensing provides assistance to challenge IPR and directly saves
lives
Joseph E. Stiglitz, Most Qualified Economist Ever, '4
(Keynote Address @ World Intellectual Property Organization, Google)
"unlike traditional trade liberalizations... ...countries will be given short
shrift."
Inherency
Access to antiretroviral drugs is restricted in Africa – nations haven’t legalized generics.
Thomas Mullin, J.D., Nova Southeastern University, Fall 2002, ILSA Journal of International & Comparative Law, lexis, Zhuang
“Tens of millions of Africans have HIV/AIDS, but only 10,000 to 15,000 can afford medicines…the new bill fully addressed the requirements under the agreement.”
AIDS
A. HIV/AIDS is the biggest threat to Africa - ARVs are key to solve.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang]
“African AIDS - The Epicenter of the Crisis
The statistics describing the HIV/AIDS epidemic are well known…resources to secure the provision of ARV drugs, but thus far little has come of this.”
B. Without urgent action AIDS threatens extinction.
Muchiri, 2000 [Michael Kibaara Staff Member at Ministry of Education in Nairobi, “Will Annan finally put out Africa’s fires?” Jakarta Post, March 6, LN] [Sekaran]
“The executive director of UNAIDS, Peter Piot, estimated that Africa would annually need between…is on the brink of extinction. Sure as death, Africa's time has run out, signaling the beginning of the end of the black race and maybe the human race.”
Neoliberalism
A. Blind adherence to intellectual property rights promotes marginal economic concerns that trupt the ability for people to live - this logic is inherent in the denial of ARVs and neocolonialist discourse.
Mary Crewe, Director, Centre for the Study of AIDS, University of Pretoria, South Africa, Winter 2004, Yale Journal of Health Policy, Law and Ethics, lexis, [Zhuang]
“ From the ground, it seems clear that we have not yet answered the simple question "Does the international community…and marginalization and not to intensify them”
B. Neoliberalism promotes a blind veneration for free market utopianism - this justifies a politicized economy where financial regulations are suppressed and public good and services are privatized.
“About 80% of developing countries … the promotion of global public goods seriously.”
C. Neo-liberalism legitimizes the destruction of all humanity - it sacrifices whole populations on the altar of market fundamentalism.
Boaventura de Sousa Santos, Professor of Sociology at the School of Economics, University of Coimbra, 03
(Bad Subjects, Issue #63, April, bad.eserver.org/issues/2003/63/santos.html)
“According to Franz Hinkelammert, the West has repeatedly…globalization with the globalization of war. The machine of democracy and liberty turns into a machine of horror and destruction.”
D. Distributing ARVS is key to confronting the pharmaceutical industry and neoliberalist dogma.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]
“About 80% of developing countries lack a functional pharmaceutical…with the promotion of global public goods n53 seriously.”
Solvency
A. US key - countries are afraid of US opposition if they issue compulsory licenses - South Africa and Brazil legitimize their fears.
Obijiofor Aginam, associate professor of law, Carleton University, Summer 2006, North Carolina Journal of International Law & Commercial Regulation, lexis, Zhuang
“TRIPS, which was one of the agreements annexed in…and their home governments led to the withdrawal of the law suit in South Africa, and the U.S. complaint against Brazil at the WTO”
B. Countries fear damaging trade relations if they issues compulsory licenses.
Samantha Shoell, J.D. candidate, Columbus School of Law, 2002, Minnesota Intellectual Property Review, lexis, Zhuang
“The developing countries' draft, similar to TRIPS…As described, developed countries have pressured developing countries to limit and prevent compulsory licensing.”
C. US action key – they control the rights to many important HIV/AIDS treatments
Robert, Weissman, editor of Multinational Monitor magazine and codirector of Essential Action, a corporate accountability group, 9/4/03, “AIDS and Developing Countries: Facilitating Access to Essential Medicines”, http://www.fpif.org/briefs/vol6/v6n06aids.html [Weiss]
“Sixth, the U.S. should immediately license … to many important HIV/AIDS treatment pharmaceuticals”
D. Production of ARV drugs reevaluates the dichotomy between rights within neo-liberal ideology—this gaurantees the right to life.
Obijiofor Aginam, Ph.D., Associate Professor of Law, Carleton University, ’06, North Carolina Journal of International Law & Commercial Regulation Inc. [Sekaran]
“I propose three possible scenarios … within the United Nations system is well captured by Judge Weeramantry's dissenting opinion”
E. The state is key to solvency—it is the institution most sufficient and best positioned to negotiate with international capital and challenge the neo-liberalist paradigm.
William Graf, Professor of Geography at the University of South Carolina, ‘95
(http://socialistregister.com/socialistregister.com/files/SR_1995_Graf.pdf)
“It is important, finally, to recall that there is nothing immutable…, in a globalized world of states, must start from the state.”
F. The United States prioritizes civil and political over economic and social
rights - any challenge to neoliberalism must engage the U.S. priorities.
David Fidler, Professor of Law, Indiana University School of Law, Spring '4
(Harvard Human Rights Journal, 17, "Fighting the Axis of Illness")
"In its National Security Strategy,... ...microbial resilience, human mobility,
and globalization."
G. Compulsory licensing provides assistance to challenge IPR and directly saves
lives
Joseph E. Stiglitz, Most Qualified Economist Ever, '4
(Keynote Address @ World Intellectual Property Organization, Google)
"unlike traditional trade liberalizations... ...countries will be given short
shrift."